A group of 10 Pitt basketball season-ticket holders has filed a class action lawsuit against the university in Allegheny County Common Pleas Court in hopes of stopping the university from instituting its new policy regarding the purchase of season tickets.
The lawsuit calls Pitt's new policy a breach of the contract the university made with season-ticket holders in 2000, when it "guaranteed" fans could keep their seats every year if they maintain their level of donation and annually purchase season tickets.
Before the new plan was instituted last month, an individual could purchase season tickets for the same seats every year provided he or she gave at least the same amount of money to the school's fund-raising arm -- then called Team Pittsburgh, now called the Panther Club -- as the year before.
Under the new plan, however, season tickets for general (non-club) seats will be sold on a year-to-year basis, and everyone will be reseated each year. The ability to purchase season tickets will be based on a system of priority points. The more points a member has, the better seats he or she can purchase.
Priority points can be earned in a variety of ways, but mainly they can be obtained by donating money to the school. That means a season-ticket holder could give as much money (or more) this year as last but still could lose seats to someone who makes a huge donation to the Panther Club.
"In essence, what they've created is a silent auction, which is contrary to what they promised in 2000 on their brochures and in a number of other places," said John Stember, an attorney with Stember Feinstein Krakoff, the law firm that filed the suit on behalf of the season-ticket holders.
"This is a breach of a guarantee which Pitt made with its season-ticket holders in 2000. Pitt guaranteed the right to continue to purchase season tickets provided you maintained your level of donation each year as well as purchased the tickets. All of these plaintiffs did, as have a number of others who this lawsuit is also filed on behalf of.
"There are hard-working people from all walks of life -- teachers, superintendents, doctors -- who are loyal supporters of Pitt and understand Pitt's goal of increasing contributions for athletics. But a deal is a deal and, once the guarantee was made and these people held up their end, Pitt is bound by law to honor that guarantee."
One item the plaintiffs will offer as evidence is a brochure handed out by the university in 2000 which read: "By maintaining or increasing your level of annual support to Team Pittsburgh and purchasing season tickets, you will guarantee your right to the same seats."
A number of other flyers and brochures, as well as statements by university officials, offered a similar guarantee.
University officials -- through athletic department spokesman E.J. Borghetti -- declined to comment on the suit yesterday.
Stember is not listed as a plaintiff, but he has been a Pitt basketball season-ticket holder for more than 30 years and is likely to be displaced from his current seats if the new plan is installed.
He said that the initial purpose of the lawsuit is to seek an injunction to stop the plan from being installed so the university can't reseat anyone until a ruling is made.
"These people are fans, they don't like the fact they are suing Pitt, but what recourse do they have?" Stember said.
"We've approached Pitt several times and asked them to reconsider this or work with us on something reasonable. Pitt has a strange idea of what loyalty is.
"I went to one of these public meetings with season-ticket holders and heard [Pitt associate athletic director Mike] Pratapas say one of the most amazing things I've heard in 30 years as a season-ticket holder.
"Someone who has been a season-ticket holder for more than 20 years asked him if they could be passed over by a person who never held season tickets but makes a big donation. He answered, 'Yes, but think of it this way, if Pitt has a bad year, you'll have a good chance of getting better seats.'
"So, in other words, Pitt is saying, 'We'll reward your loyalty when the product gets worse.' That's just not right. Again, it all comes down [to] when is a deal a deal?"
Stember said season-ticket holders wanting to join the lawsuit should contact the law firm.
